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TMI Blog2014 (7) TMI 392X X X X Extracts X X X X X X X X Extracts X X X X ..... anufacturing activity and not simple assembling as held by the AO – the activity is held to be manufacturing activity and the assessee is entitled to deduction u/s 80IB of the Act - there is specific finding given by the CIT(A) that as such the Unit had employed atleast ten persons – the finding is a question of fact, it cannot be said that the assessee was not entitled to the benefit of deduction ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... tribunal in ITA No.2508/Ahd/2009 dated 23/08/2013 for the Assessment Year 2004-05. 1.2. Tax Appeal No.537/2014 has been preferred by the revenue against the impugned judgment and order passed by the tribunal in ITA No.2509/Ahd/2009 dated 23/08/2013 for the Assessment Year 2005-06. 1.3. Tax Appeal No.538/2014 has been preferred by the revenue against the impugned judgment and order passed by ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ent and order passed by the tribunal. 3.1. It appears from the impugned common judgment and order passed by the tribunal that according to the revenue the activities of the assessee cannot be said to be manufacturing activity so as to enable the assessee to claim the benefit / deduction under Section 80IB of the Income Tax Act (hereinafter referred to as the Act ). On the other hand it was the ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... the said activity is held to be manufacturing activity and the assessee is entitled to deduction under Section 80IB of the Act and the tribunal while passing the impugned common judgment and order has heavily relied upon the decision of the Division Bench of this Court in the aforesaid two Tax Appeals. 3.2. We have considered the decision of the Division Bench of this Court in the aforesaid tw ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ntitled to the benefit of deduction under Section 80IB of the Act. 4. In view of the above and for the reasons stated in the order passed by the Division Bench of this Court in Tax Appeal No.1287/2010, the questions raised in the present Tax Appeals are held against the revenue and in favour of the assessee and consequently all the Tax appeals deserve to be dismissed and are accordingly dismiss ..... X X X X Extracts X X X X X X X X Extracts X X X X
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